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ANJANI KUMAR MISHRA, JAYANT BANERJI
Gram Panchayat – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
JAYANT BANERJI, J.
1. This writ petition has been filed challenging the notification no. 3130/9-1-2022-88TA/ 22 Lucknow dated 13.10.2022 issued by the State Government in exercise of powers under clause (2) of Article 243-Q of the Constitution of India read with Sub-Section (2) of Section 3 of the Uttar Pradesh Municipalities Act, 1916 [Act 1916] including the areas specified in the Schedule appended to the notification in the transitional area of Nagar Panchayat Barsana in District Mathura for purpose mentioned in Part IX-A of the Constitution. The petitioners are aggrieved by this notification insofar as it relates to inclusion of Gram Panchayat Barsana Dehat in the aforesaid transitional area of Nagar Panchayat Barsana.
Also under challenge is an order dated 20.9.2022 passed by the District Panchayat Raj Officer, Mathura pursuant to the notification dated 15.9.2022 issued by the State Government, which is a draft notification published for information to all concerned and with a view to invite objections and suggestions as required under Sub-Section (1) of Section 4 of the Act, 1916 whereby it has been directed that in respect of the works that have been executed with re
The failure to consider objections submitted within the statutory timeframe invalidates the notification regarding the inclusion of a Gram Panchayat in a Nagar Panchayat.
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The discretionary nature of the State's power in issuing notifications under the Bihar Municipal Act, 2007, and the legislative character of such notifications, as well as the absence of a requiremen....
Mandate of Section 9 of the Act being that Governor should form an opinion that objections to the proposed notification being insufficient or invalid, would alone qualify for notification being issue....
The requirement for a personal hearing is mandatory before altering municipal limits; failure to grant it renders such notices invalid, ensuring adherence to principles of natural justice in administ....
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